— > v.. 






~>~>33 o>:d^:> > >> _':50 1> ^v 

3 3 >3 0: 

^3 > i>3_>\:>3t>3 3):> > • 
3:> > ^>^ 3> 3:^>^ :> i> >. 

. r3D> 3 J) 

:^ :> ^3 3 3>3 

3 > » 3> >^ " 



3 ) 3> _ 

:> ^3> ^^ .^^ 

3-5)3>- 3>^»3^ 

^> 2> 3>33 3 



<*:^V^ 33 3VJ>> 



^?>33 ^> D 



.> , > 5 
^3 > . ~ 
.^3 - ) .-^ 



)>« j>2> 



^3 :> ^r 

3 J)^.;*^ ■ J 



> • ' 3 ^>> >" 

> - ^ v^ 3 J>-^ JS 

>-:> 3 > :>x: 

-3 ^"> :> >^ ■:?>:: 

3 j/o 3 ■i:?>::sr3 

3 ^ ' > -^ ^^. 5>- 

'> ' -3 ,3 >^: 

3 '^.'^ 'v. 



J>L> 



^ ■«. ■•>••%•*•■•♦■■*'■■*■'♦•'* 



I^LmRARYOFCONrTrJiSS.? 



>> ^3 3 

^i>'^>'3 :>33 3: 

fl> • >..v. j> ;)>3^:^ ., u>> . ^ ^j> 

3 ^^) 3 ^J>-3^> ^'3 . •> ^) 
^^^^ > >>>:>)■::>:> :i> > > : 
vj> 3 ) >3 i3>> i> -» > • 

o :> j^j:> j>:> 3- .^.3 .> : 

>;^ "> > > ■-> > -> •'^ -" :fi» 



j^ UNITED f^TATES UK AMBrltlOA { 






^ <»^»»'3 :)^^>>>.-" 
^3:> ,^-:'>i> j>j: 

L>33> ) V :>)"j> ^^ 
^>33 > >3 3j) 

> 33 >3 3> 

> 33 • ljl:) 3 ^> 
' >^ 3J>^> 3>^ 

-^> ^■>^» ^i> > 

> ) ^32> »^ 

O 3)J> »3 



lit; 






>3 
) *:> 
;> 3 

) >:> 

>» 

3'J5> 

3» 



> »> 



3) 



^ 3a> :! 

>>3>i- 
3> »:> - 

' ^< ^:^ 3 > s^ 



:» > 
3> : . 

3) 3 
» > 3 



K> 3>r> 
^^3 

> ))3 



33 33 




' J^ '^'^ -^ ^3 3 "a ) l> 3:) '>3j ^ 



^> >i> > 



'>:>3J»» 

•v)3m2> 









>^^5b V=^> t55y^ y^^T>lS ^ 

>:> ^^) 3> 3 >sy> , .. ;i> '->> "^ )-ie> ■> 



^>3 












^>3>/) : 









3 3>3 :>;> -= 

?>3 :))i> : - 






II 



' :»^3> j3>:> uoy .^ S>>" 






'3X>33I> 3o- ~> "^^ ^y' 



^ ''2XJ!^ 









33:> ^ 



nil? 






?$^^^ 



^ O 3*>3 S 



3i> > 









<*^ 3>>^ )-' 



#n the Icwnstnirtion of tbf $mAn\ $UUx 



SPEECH 



HON. J/COLLAMEE, 



SENATOR FROM VERMONT, 



Xadb in hum Sssatb or tei Usitsd States, os ths 6th oat of Fkbbdabt, 1865. 







V^rvAsaSil^" 



/l'^ 



WASHINGTON, D. C. ' 

PKiyTBD B7 Wm. H. Moore, 484 Elbvbmth Stbsbt. 
1865. 



/l' 



TMOiiHii 






• .wwCil 



V(J*5 



®n % gictoiistruttion nt % Stctki Slates. 

,„i.t rwoluliot,, (H. R. No. 126) .Jeclanng certam Sl.le. no. 
lioo l- Ibe Electoral College, Mr. COLLAMEit s.,d : 

M. Preside.,, 1 ...Ink any „.n -"„^=;^S'l^.'Ji.,1.°"nT:;:.i:n° » .J"-'" 
„„ders.ood from .be hin., «'"1,."'»"^' ""^ do no. blame .l.em tor Uin? im- 

bao^' ,&^.;r.r:v;i »';-'> --^'' ^"' ""-'- '» ^' -' "■" " ' "° 

in iuslice to the subject. . , r n,e to tbat honorable 

1 , the first place, .Mr. President, ^^-[^^ ^ ^^jX^^sib e to w^ he has on this and 
Senator some little novice that '^^ "^ ^jf^^ „ his emarks with respect to my pro- 
other occasions permitted h.mseU to >" J"'S^ '^ J^^^^^e any reply to them, but at the 
fessional ability and discernment. 1 m^e "T^" ™ ^^j^elv un^^rateful or insensible to 
same time I wish it to be understood that 1 ^™ "° ,,^"5;' j ^ave h; d to inform myselfin 
S marks. I will merely say ^^f \ the_ oppo tu nue I ha^e D ^^.^ j^„^l 

relation to the honorable Senator s h.^h -^i >-' i^;-^ , ,/,, 1,,, appreciation 
acumen, and the perspicuity ^f^XJl reciprocate the sentiments he has exp-essed, 
thereof. If 1 were to say merely that 1 reuprocaie ^. , ^, j^^ entertains 

tl entertain a sincere -spect ,or is PJ ^^^ ^^^ clpliment ; but I will add 
of mine, he might consider it at least but a quts ^^_^^ ,^^ 1^^^^ thought 

to it that I have as high an estimation jnd e en h^gbe ^^ ^^^^.^f^,^,„,^.. 
proper to express in relation to me I ^^1'"^^, f^^^^,^^^^ Senator, when speak- 

^ But, sir, after all, 1 could not ou °^sene tha^ Ui bono ^^^ .^^ ,, ^.,,1, „„ 

ing in thai manner, very ^-""^'^.^"^ 7,^°^. ^^^^^'^Jl^^ that^ the positions I took were 
ariument of great weight, '-■°™'"teuVe The respect that is paid to my opinions is 
wholly untenable, ""^^^^jf'i'^i^^t 'of argument, he and other gentlemen can 
worth when accompanied by sucU son 01 & 

answer for themselves. nrooosed has in it one very important 

Mr. President, the amendment ^T^ f l]^^ ;j;,P'°i,?,;'3elf : and that is. that the States 
feature, to which the gentleman has ^^d^e^^f ".^^ areincapable of exercising their 
which have been declared in j^.^^^ f .,f ';/;;7;,^ent as integral parts of this Union 
privileges or their duties w, hm this ^;',^^"™'"J, restoration shall be either by an 
Uile They continue in that sUuauon -d;^ J^/J ^^J.Us by the two Houses. That 
act of Congress or by the reception «/ ^ ^'^/^v 'hinp to do in the matter in relation 
involves this point : whether ^""^"^f^j^'^/^reW^trtes. The Senator seems to think 
to the reorganization and '• ^^^^"^^f Zarfs whkh I will not attempt to repeat, but 
not; and he goes on to make some ^^^^'^^jj'l'^^, XInion-1 agree to that-and, 
the substance of them is that they '^''^^f^X '"s an end of all action about it ; they 
being in the Union, if the \^^''^'^^\''Z'^^^^^^^^ functions as integral parts 

are remitted to all their rights and ™^> ^^"^.^^ Government one way or the other, 
of this Government without the consent of this Uovtr 

There I dissent. . „.:fV,out anv decl-iration of war. ' 1 agree 

The gentleman says that a war may ^f. * ,r/^a"e ^var upon us, and were in the 
to that' He says that if Great Britain shou d wa e a ^^^P ^^^^ ^^_ ^^^^^, ^,^, 
exercise of that war, it would b; a ^r thougl^^^^^ ^^^^^^^^^ ^^^^^ ,,,jb. 

I grant it. He then says that if they ^1^7'\3JV,,,«re that they were no longer in 
drlw their military force, and Par lauiensbould dec la ^^^^^^^ ,^^ ^^^ ^^ ^^^^^^ ^^.^^ 
a state of hostility with ^I'e United St, tes, that u,, point where we sepa- 

There is exactly the point -here we differ^ or more nations' may make . war, but 1 say 
rate. 1 know that one V'^'^y }'' 'I'' ^'1^,^,1 "JiGreat Britain were to actually levy 
that both parties are required to m'^»^^ P;-*^^" ^^.^^^^ o,,^ coasts, capture our vessels, 
. war upon fhis country^ besiege our c 1-^ -ste^o^jr^^ ^.^^ ^^^^ ^^^^^^^^ ,,,^ 

and then, -^ben .•^.e had undertasen 



luuM Hgree to the , e ce -intl tlT..?. . ^ *'"'^^''- ' '"=^''' l'"*^ ^'""' Ponies 

the wa^ i^v.^;!: •rut.':^^4-;;X^-MHMilu^ b^- o.. side .o^s .L e„,i 

^or peace, ,o iusUt upon i".letDni,,\ il V^^ 'L'V;:^^^^^^^^^^^ negoiiating 

party can make a war and make a Zu- J\f n *^ '^^ "'^ ^'""'■^- J'' ""^ 

Hie otber party, tla-n ne , u'r f 11^0.^; .V f " ?' ''"'''' """""^ "'^ '•°"-^^'"' "^ 

6ucl. a war upon us. we would not l^P^a,)^ h . " ^ ''^ V'''^'' '^'■""'" '' ♦'^ """i« 

ourselve. and the c. p nrrof the r J^e ,/ ^. """r"''"' ""^ ^"^^^i'^'i^s i" defence of 

treaty wLich gives us den n TfoV u 'ir ^''"'' "'^T ^r'"'^' ""^'^ "'' ^'^^ '"^''i^ « 
us. There is the exac- li" 'Lr/« " "''"^' ""*^ u„j,..tifiable war upon 

s..e point^to this .J Hv^i^^^^az ^i^ ^r ''' "'^"-''^ «' ^-^ 

tb'un;:;:,";;:?^^:^.-;;;;:'^;"^-:"" "'^°" ^ ^"^^' they are no. states in 
insisting ,'hat ,f iuj p •CM. h V Jo . L^"" '""""/ '^'""''""''^ "'^ ^^■"'■- ' ""> "«t 
tation.s the ITe^Klent a,? arrv the ■ /'T.' -"1 '''"'"" ^"'^'-^h- to their habi- 

tuik.ui. about. 1 an. talk n- L.t w. n /? 'T ''°"'''- '^'"'^ '-'= ""' «''"' ' "™ 
is to b"; restored, anivitr^hoTe: ::,":';?; e''' •;'^"\'-^'''."^"-^ °'- tbese State, 
to make war in his country con'i. , ' ? r T''"'"'^- '^ " ''"^ "'"' ^''^ ri-I.t 

lienerai Ciovernment, Z tl e U it i^^^ l'^^ '^'t '^"''" '" '""'^" ""■• "!">" <>'« 

peculiar privilege and eve !ive V If t, n, ? "'"^^ ""!■ "''"" ""•'" ' '=* '' "'«''• 
O.„notwedo anvthin./ /l 1 i. 9 ' "■'"" "f"" ""^ (^^'"•''•"l Governmen. ? 

their privlege -o mak V " , ' ' v U 7%^ ^'""'':"'' *^='^ "t^"'i"st ..ten, ? Is it 
«., and when they bec^m .T i L ,h J'^nf ''"'t "^ '""= ? •"^■>- '^''^-^ " "-"^ <o do 
no-.h.ng to do but to .to , and b .'. "^ " i'n "i ef 'rh"° 1""' '"'' "^"' '"•■^- "-« 
have a mmd to do so, n„d i, j. alfan 11 f , '•' '''""''• '■'■'"■^^' '' " h^" "'ey 

United estates has no hi g o do wi h , V7 l-'^-^'^'-'g. "nd the Government of ,I,e 

but I desire to make a tew em k nn ,.•'"" i'" "^^'T'-' "V"'^ ''°^-"-'"'' '''" "'-' »^'""1- 
have he.ira a great deal aLoo « th is .«uhjec. ut n.akin;. war upon a State. I 

When I h..t bel Id titc d^c.r e "r mJhl i'"' ''',\ 'J" 'V'l'^"''" '"'^ ' "^ '« '''«"- 
for not correcting him I .o.ed f m , T' ^ J'"" •^:''l^'''"" ^'"'^ '" ""^ Senate 

-ud several other .. e n( e s ? ul 7 '^" '''''■'l^' "' ■^''•- ^^I'erman, .Mr. Madis.m 
.tatedthat. The^-dT ^it .udM?ir"''"" !''"' ^"'"'"^ ^''^ Cons.itu.ion who' 
how that was then. It is tn e' 1 d n / V':,"'"'^-"' '^""'' *■'■'"" ''"-»'• ' ""derstood 
that ot.ier people would hJ Ned y t ^or H I """' "'''',"'" '^^ ' '''^ "^^ ^"'''."sc 
ever reach Hie eommuniiv a d .Jr ? . ' '''.""' ''^'^ '"-^' ''■^•|''«n"tion would 

now making not onh wi Vry J ^e ' ."''^ '?'"' "'! '^^""'- ''""^ '•-""^'^^ ' «'" 
ney.-r be re.Td and u d V' tood /y ^'l . ""s: ""^-'•^'""J ''.V the oo,M.muni,y, bu, will 

*ome expl.nahon on that ',""„' quotation. Are again alluded to, to make 

to the very quotation. Ze b > | i ('"'' n'""'"^''' ' l"^ ^^^^"U. doctrine, and alluded 
per.cctly ap.lareni that .h.t p rtion o „ hi V ' '""'^ """ '""""^^ '' "'" '^» 

atai.-s wai nternolaied i>m ,t.« -' ^■"" '""""' ""'•''' "'"• "PoQ the 

^' ^-i-i.; . rir,nt:';o td"';:; X l^.;ir:!'rr- \!"^ "-' "'^"" 

neciion that it is so. I know that wl.iU \ '^""'^"'- " '.^ "'"lous from its con- 
l.rep„,a..on .Mr. Dane re. Ted Jo, ,, " "'"-^"e- >'>"M have been in a period of 
Mimmer; and that waril'T' •'!'".'''' '" •^''""«-. ^^'l"*" ''^ l-.'d spent that 
Mi. Dan. had UH.-d in the S • na.f T T.'; ^ "" '""'" l"*" ^■^''■^' ^"""'"■•""' -lml> 
lu.o that message at lii! Inp;.'"!' ""^ "'"'^ '"* '•^^"^" ''"''. "^ ' ^''-'<. '^ «„. pu, 

...on.> -nJrn. ;:; : ir'sV'':''"' "" '^ ''""^•'' "••"•l-O «.<■'. -J Jo much 



Biroas of preserving the Articles of Confederation ; of having a more !en<rae • a n.ere 
lf'r^;rJ''T"""' "ri"'"^/"^'^-^ "P ^'>^ ^«'^'^* -hich thi-hTd.fnde;.he'Arti e« 

obi&e he'tlr. \:f "'7 T'^'' ''™^"^^'^ '''=^^ ^''^y «''°"''^ ^^ amende, fo a to 
nn f '' V , f I"!;"'*'' '''^"' 'l""'^'^- "T'^e question whether they should mend 
up the old Articles of Confederation, or form a G^overnm^nt with all tl^e rtio^sof 
Government, executive, legislative, and judicial, was the first great cues ion b^^?^^ 

r iSrt'in f'or ^M,''" "*"? "7^", ''"•'^' '''''' ''"-^^'^ ^ '™"^" Statr^as vt, 

hpl wi fi n °^ '■■*^'l"g "^e Articles of Confederation amended merelv and 

of tl r e o?'th"^ ^i T'r^'" -I'-don that'projectand form a Governmen , ^^ o t 

:nd';;e^;fr:lre21^;■;r '"" '"^ '^'■'' ^^^^- ^"^'-^ '^"^ ^^'^- ^'--' --^ ^--* 

Sherra-ln'^y? 'ij^^^''^'^^''^" ^--^ debating that question that these remarks bj Mr. 
blieiraan Mr. Madison, and others, which have been so often quoted were made 

tn h";t'i;v:o;v''u-h?7 "« '"• '"'^^ ^^"^' " ''°" ^'^""'^^ --- th;se sit^ft: 

lurnisD ttieir quota. \\ hv ? Because it is war ; vou can onlv do it by force Tlusa 
,tl fr;-^T'''^''"u '""'"' '^'■■^'''-^•'^ l^'^^"'^'^'''^^^" «'-«<^ Statei. I is.he Vl- 
1 the re"""r "";'' ^ ^"* '''"■*^^" ''^^ ™^'"''^'-'^ «f «"« treaty ahvavs puts an end 

i^frP 1 '^' ^'"'''' "' Confederation to coerce.them, that moment you end 

3 our Confederation, because it is war, and the war ends it " It is oerf^ctlv nM L^wl !nH 

Ilu'S/ueT'.l'r "'"' "^"'r'" """-^'^ »f association in the naturron. Ve'a f b te n 
1 /' V""' '"■""^' '^'"^ "^'''■■■*"->' ^^"^'- i^ '^^"'J no' be done. All the remarks 

; ; ition'of''. "" g-"7-"' "-'^--h are now quoted, were made as applicable to h^ 
CO d, ion of a league ; and vet they are not q.oted upon us as being applicable to be 
condit.on of a n.tion as it is now formed, of a national Government. ^ ^ 
are n^ ''^•""' 'f ^'^'^""'"''S "''t'^ese southern gentlemen who have seceded they 
are not ,nconsi,tenr, because they hold that we are nothing but a league now and 
ieuUu " ;;;;; :^ '"'" "?■ """' ";' ^^^^'^ ''^'^^''- ^he; therefore a^re not "icon- 
go e .^ent'a t^ched tTh " / ^'^"-^^'^'^ ^^ - Government, with all the functions of 
S.uTa?a . M ' ""'V"-"' " '"-f^"'- '"^ 'l"'^^^ "''h propriety those e.xprea- 

6UU. a. aj.phcable to our condition. So much for that. I do not nsist nor is it 
nece sary now to tnstst that this Government can initiate a war upon a St'a^e, but 
m. si ,t tan lu its own defence prosecute a war commenced bv the people of a State 
and can par icpate in settling the terms of peace and reconciliation. ' 

nrno"'' [■ '"'-''^"'^"*' '.''^•■e commenced au insurrection in this country. It never 
aro>e, perhap., to the dig„i,_v of a war until the act of 1861 was passed I know a 

r^ 1 rl . '/. ; •' *'"*' " "■'"" ^•'"'^^"^ ''^•fo''^ "1'^' ^^^ of 1801 was passed • but all 
t^h t ; too '7 '\Y''"'!.''' V:' '"'''"''' ^""^ the character of war. What shap w 
Jiatutook? It was t'us: Congress declared that where there was an insurrec- 
on existing m a state claiming to act under the authority of the State and tL au- 
thor, ties o tne State did not disclaim it and did not suppress it, in iha U-ase tleVr" 
s.den might declare the inl.abitants of that State in J Late o insurrec ,ion and al 
the Uni'ted' Star"".' '''''^^'^'^'^'^ «^' ^^^^ State and the inhabitants -f th'e rest o 
to be alin / T"^ ''''?'• ^^^'''''''' '''■' '^'-'y ^^'^ ""t declare thai the war wa, 

to be against men who were insurgents. It included all the peoj.le of . State who'se 
uUhorU.es sustained the insurgency, whether they were loval or di- !o^4l people 
hat ,s the condition of things in a state of wa,- in every country. It m y Te tl e nHs: 
mune of the m-nonty ; but that is their unavoidable condition in tim ■ of wa tl s 
as declared to be a war with the whole inhabitants of that State. T,.en it .v'^.Z' 
n took in relation to our inhabitants, its true character and condition of a iy% and 

The' "'? ''''' ^^'","' ™^''^*-' '>' '''^•^ *^'^™"g^ ^heir functionaries an? the b "Sv 
.. their people, against the General Government " 

war to^■eT,'!.^ ""^ 'T °^' ""i''' ''•'' 'l"''^'^" ^'''''''' ''''^^- ^'^^^ «nd how is that 

war to cease, and when and how is the formal political status of the States which are 

ngaged ,a U or the inhabitants of those States, to be restored, and ^Jol o de i,-re 

the act of.180 , it the hostihties on the part of the enemy .stop, the President is co,n- 

?Vm it°heZ s"'"i\"' '" ':" r'- .' ^' "°^ "'^^» '^ Lke'controversy ri.;;;;! at. 
t the n Sr ""'" '•'•;.' ''^' ''"-esident can withdraw all our' forces from the 

.oa hem .Mates to-morrow, ,f he pleases: he can withdraw all our ships from off the 

o?e;a,in " ''"'" '? '''' ^^' '"^'" "' ^^'--^^ ^'"''^ °^ '^o*'""' ^ ^now' that military 

a'a ^^e rj.^%' 'i"^'' «i^' ^''''''' ^ ^""^^' ^'' "^^^^ P^^d«» ^'^ ^•^'™^^ committed 
arfaiHSt the Unitad Htatw, inclfd.ng trraRon. That is his power. But, sir, docs that alter 



the coudltion of the political status of those States in their relationships to this Geoeral 
Government? Siippose ihe liostilities entirely cease; suppose the rebels throw down 
their arms and go liome to iheir stveral liabitations ; lliere nre in tliose States the 
functionaries of their government, their governors, tiieir legislatures, all organized in 
this revolutionary operation and carrying it on ; and is it true that they then have the 
right to send members to the Senate and House of Representatives, and if they have 
a riglu to send tliem, to demand their admission here, and we have nothing to say 
about it? Is it true that they may make war upon the General Government, carry it 
along as far as they please, then stop it, and we are obliged to receive them, until 
.they have had time to revive their powers or resolution and start again, and we can- 
not help ourselves ? 

Sir, are there not two sides and two parties to this war? It is the strangest war 
men ever heard of if it has but one side to it. I take it there are two parties to this 
war : tlic several States who have made it on the one side, and the national Govern- 
ment against whom they have made it, on the otiicr; and I fuppose tlie two parties 
must participate in the restoration of peace and quietness, and their restoration to 
their former condition, or a condition where tliey can perform their functions within 
the Government as integral [larts of the Union. It is for Congress to say wlieii that 
State of tilings exist. Congress is no't bound to receive their members^ or to treat 
them as being regular, loyal, integral members of tiiis Union because tlicy liave sur- 
ceased fighting and surceased military oi)erations, until we have seen a return to 
loyalty and an obedience to their allegiance and the perlbrmance of their fealty, a 
true restoration of tiiemselves to their former condition of loyalty and obedience ; and 
that must be for Congress to decide. That is the main and essential sentiment of tho 
amendment I have presented. 

Sir, wlien will, and wlien ought. Congress to admit these States as bt ing in their nor- 
mal condition ? When they see that they furnish evidence of it. It is not enough 
that they stop tiieir hostility anil are repentant. They should present meet fruits for 
repentance. 'I'hey sliouid furnish to us by their actions some evidence that the con- 
dition of loyalty and oliedierice is tiieir true condition again, and Congress must pasj 
upon it ; otherwise we have no securities. It is not enougli tliat ilicy lay down tl cir 
arms. Uur courts sliouid be establislied, our taxes sliould be gathered, our duties 
should be collected in those States ; and before they come here to jierform their du- 
ties or privileges again as members of this Union, they should place themst-lres in au 
attitude showing to us that tliey have truly taken that position, and we sliouid pass 
upon it; and I insist that the President, making peace with them, if you ]>lease, by 
surceasing military o[)erations, does not alter their status until Congress jiasses 
upon it. , 

The great essential thing now to insist upon, in my judgment, is that Congress 
shall do nothing which can in any way create a doubt about our power over the sub- 
ject. Indeed it i.-» right to assert at tlie proper lime that we have that power ; and 
how, and when, and in wliat manner we sliall execute that jiowcr, is in the discretion 
of Congress. I do not mean to occupy very much time with that; but one thing I 
have to say : I believe that when re-estal)lisliiiig the condiiion of peace with tliat 
people. Congress, re(iresenling the United States, has power in ending this war as 
any other war, to get some security for the future. It would be a strange thing if it 
Wt-re not true that llii.>< nnlioii, in ending a civil us well as n foreign war. could dose 
it and make peace liy securing, if not indinniity for the [la-t, at least some security for 
future peace. 1 do not beliiMO that Congress is stripped i,( tliat power in relation to 
this or any other war ; and iiere I do not wish to be understood as undertaking to as- 
sert the existence of such a power without some warrant in the Constitution. 

The Con^tit•llion lias in it wliut is well known as the guarantee section, by which 
this Government gUHriinties to every State in the I'nion a republican lorm of govern- 
ment. Now, what li implied in that ? Several things wliich are quite o ■vious. In 
the first place, that guarantee can only bo kept and redeemed by preser\ ing the States 
witliiii the Union. We cannot carry out a guarantee to States on any other ground 
than by having and keeping theni within the Union That is necessarily implied. 

In llie next place that guHrantee is to the Stales as Stitcp. It is a guarantee to the 
Stale of Nortli Caiolinii, lor insliince, that .North '"arolina, as ii Slate, shall ♦laxc a re- 
jiublictiii form of gov. rninenl wiiliin this Union ; not to be taken and split up aud 
made into different Slules, but it is a guarantee to that Stale as a whole State. 

Another thing is implied. That is a guarantee to the minority in a State. No m!in 
who will read .Mr. MadiHon's remarks upon the subject ran be mistuken in that. Tho 
nrf tiHinr** of the thing impliAp that The majority in ^f'*^**' eno ^hirpe thoir form of 



'1 

government as they please without any help from Congress ; but the provision whs in- 
serted from a fear tBat the minority might be overborne, especially, said Mr. Madisoa, 
in a slave holding State. The guarantee was therefore inserted for the security of the 
minority in a St;ite, though there may be but one man there to redeem Sodom. 

Again, it is a guarantee from which the States can never discharge the United 
States. Vou may say that when they make war onus they discharge us from our 
obligation in the matter ; but that is impossible. That guarantee is not merely for 
the people of that State ; it is a guarantee made for the security of all the States of 
the Union. I have a right as a representative from the State of Vermont to say that 
the State of Vermont insists that you shall keep North Carolina in the Union ; we 
formed it with her in it ; we had that guarantee, that she should be kept in with a 
republican form of government, and we have a right to insist on the redemption of 
that guarantee. Therefore I say no one State can discharge the United States 
from it. 

Such being not only the clearly-expressed guarantee but the plighted national pub- 
lic faith which we are bound to keep, let me put a case. Suppose in all candor that 
Congress had by experience become convinced that they could not sustain a State 
within the Union, with a republican form of government, holding slaves; suppose we 
had tried it over and over, and we had beaten them and made peace with them, al- 
lowing them to keep their slave.s, and they had repeated their rebellion over and over 
until every man became convinced that it was utterly impracticable and impossible 
to have a republican form of Government under such an aristocracy as that engen- 
dered and sustained ; and suppose Congress iu all candor and seriousness became 
convinced that we could not keep this guarantee in relation to those States that hold 
slaves, and they, being at war with us, choose to lay down their arms or we beat 
them, disperse their forces, and a question arises about fixing the status of those 
States again, their political condition in relation to this Government, that is, in mak- 
ing peace ; 1 say that Congress has a right, if it is convinced in all candor, to say 
that in order to preserve our plighted public faith contained in that guarantee we 
will destroy and abolish that institntion ; for we cannot keep our guarantee with- 
out doing it. Cannot Congress under the general provision of the Constitution make 
all laws proper and necessary to carry into effect the powers granted in the Consti- 
tution ? Clearly. If that is so then Congress may, in fixing the status of these States, 
if they are convinced of the proposition 1 have just stated, make it one of the con- 
ditions of their again exercising their franchise as integral members of this Union, 
that they shall be placed in a position which will enable the Union to continue 
and exist. 

Such being my view, it remains for me to say a few words about what the Senator 
said yesterday in regard to the present probability of peace. I know nothing about 
that. I have no admissions to the White House, and no knowledge of proceedings 
there ; but I guess, after all, I have about as much as some members of the Cabinet, 
[laughter,] and you know a Yankee is allowed to " guess." I have but little expec- 
tation of any present cessation of hostilities, even. 1 have before remarked that I do 
not think the mere cessation of military operations is necessarily a peace, nor do I 
think the political status of these States is thereby re-established. I think it requires 
two parties to make a peace. I know not what the President may do. I grant that 
the President may, if he sees fit, pardon all treason. He has that power. Whether 
he can really dispense with the operations of what is called the confiscation act, I do 
not know. I had but very little to do with that act, but 1 believe it provides for 
making confiscations by proceeding in rem, and trying a man without notice to him. 

I do not understand much about such proceedings, nor exactly know how far they 
may go. But it seems to me that, before the President can reestablish these States 
iu the Union, performing the functions of loyal States within this Government and 
integral parts of it, somehow or other the action of Congress will be needed. That 
is the very point we have now in discussion, the very point I am after. 

I think it does need the action of Congress. How will he get rid of that confiscation 
law by any action of his own? I surely do not know. Then a law has been passed 
with his approval declaring that persons who have been engaged in this rebellion are 
ineligible to appointments to oflSce in this Government. I do not know but that per- 
haps he may get them in without having that law repealed by Congress, but I cannot 
tell how. So in whatever aspect you look at the case it is evident that no reestablish- 
ment of the former condition of things can take place without the action of Congress. 
There are many other acts of similar character which stand directly in the way of 
doing what the Senator from Maryland thinks can ba doaa by the President Pot an 



8 

end to the hostilities, nnd there, he erts, is the end ; the States nre in, nnd we hare 
nothing to do with it ; and he cannot support a resolution whjch decinrc-s th;it we 
have to do with it ! I say we have to do with it : we are the other pari)- in the war, 
nud I lhini< we must participate in the re-t!stftiblishinent of peaceful reldiions. 

The power exisiting in Congress in the re-establishrat-ni ^f peucefuj relntions to 
annex such conditions as are necessary to our preservation and life, anotlier question 
nrises, when and how and in what manner you will exercise the power. Wi.l you 
ever exercise it at all ? Will you ever annex any such conditions ? We are told' by 
the papers, which seem to be very hungry for peace, and to be crying " Peace, peace, 
when there is no peace,'' that tliere is no need of saying anytliing more about the 
condition to which I have adverted, because the Senate anci House of Rei)resentative3 
have passed a constitutional amendment, and that will accomplish the purpose. If I 
were entirely convinced tha*. we could not sustain a republican government in these 
States and keep them within this Union in any oilier way than by having the insti- 
tutijn of slavery abolished, and I was inquired of wlietlier I woulf) insist upon that 
as a prerequisite and condition precedent to their re-establishment, I would say this : 
if I was perfectly convinced, fully satisfied in n^v own mind, that the constitinional 
amendment referred to would be adopted hj' the constitutional numlier of States, that 
would remove the occasion for the exercise of any such power on the part of Con- 
gress, but I do not know bow that will be. That is a matter which lies in the future. 
Neither I nor any other man can tell when and how and in what manner H will take 
place, or whether it will ever take iilace at all. While things remain suspended in 
this condition I reserve to myself tlie right of exercising this power which I think in 
the extreme Congress constitutionally possesses. In what manner I shall excr. ise it 
will depend upon the occasion as it shall present itself. It will depend upon their 
desire to restore their former condition, how tar they have returned to loyalty and al- 
legiance, how far they have so shaped their institutions as to furnish security fur the 
future that the peace would be kept. All these mattera would have to be examined 
'oto in each case as it presented it«elt 



^cc C C -^ 



obei c: ccc c<L<az 
^^=^==^< c: cc c cc — 
: .<: cc <r cc ' 
^ 'CCC cc 
::,c<rc cc 

c'^<LcC:c cc 
^<:-<_CCC cc 

' c^^^CC cc 



■ C cr , 



c<: <- <:c cc 

CC'cCCccC 
CCc ( ccc c< 

c<r cc^ CA 

or c<rccc 



<1 cc ^ v:^v^ 

£<: cc ^ c < 
<c:cc ^<5 

ccc OcC 

TCCC ^^^ 

' ^cc 

ccc ' s^^ c 
'CC <lcc 

'< c 



cc c cf^ ^^ivlc C' c O: ' 
cccccc<|c^> ^^ 



c <1 <:C c 



ccc C-Q <I 



tec ccc c 

•ccc ccc 
C<cc ac 

occc 

^c^c c c 



<c \ 
^r c 

^^ c ■ 



^cc:c<rc:^ 
Gc<ic<^c::c CO 

^c<: c<r <rc r-c^ 
_cc<::cc: «r>< <"c 



c<: cccc(:cc:c 
c€: cc^c 



: cc 

">c cc'CC^' 



>cCCC 



ccc CCC<L 
f'c cc C 

(^cCCC 

c c 4:c c 



c<C <4^ 



cccc ^- ' 

^ CC < c c. 

.CC c ^ ^ 
. CC 

cc 

^ cc c c < 

jctr c c c 

. cc ^ c 
CC c C 

<C C C ^ 
LC Ccc c * 



ccc^:c 
c<c 

CCC 

^ ccc 



CCC 
C Qc 

^CCcC 
' CC^( 

cc 



c C • - < . 
,u Cc s 

<. Cc<< C <: '■ 

T ^ C ■ <-' C ' 



^cr CC 



cc C c <C C 

C c ccc C ' 
CC c-CCC 

C <: c<<cc ^ c^? 

C c c dTcc C^L. 



cc C CC 

ccc cc <!' 

cc <1 

.cc <:> 

cc 
. <c- 

<< 



cccr <:< 


c 


:cc<< c:c 


■ C' 


:cccc <:c 


<• 


: CC<< cc 


~ 


: cccc ccv 


c C 


< CLC< < <i::c 


r c 


L^^ 


^ C 



^ <^c: - 


V < ^^^ 


IS^ <LC ' < 


c ^ ■ ^ 


''•KS'' <I_<^'- ' 


< • 


r^c <^c 


r t c" 


cs <s -^- Cv c ^ 


<SC<Z<L^ 


c ^c c 


dec <rc ^ 


C C i 


ci<r O^ '^ 


c c « 




( , , c ' 


ciccci ^ 


o C 


dice CC 


C"<CL 


<^cc cs 


c c 


<:icc c 


c c 


^c^ <: 


^C '< 


<z:<L<^ <L_ 


• CCC< 


e<x c 


QC<C 


«^^<c c 


L-_ c^ c: 


<!<:<: c 


- Ct c 


€Z<Jc:c 


. CC Ci 


r <c<r-c 


c<r<:t 



^'<c cv^c ^ ci'-cr. < 
LC cC'C cxr<Lf 



< <3C ^ 



C^^^^^' 



ccCl:cc O^ 



-a:^ cc<^c CC 
<^ cc<:<^ rc_ 
:^ ' <&<mz. c c 



<^ C C<C C2' CC ccC 

CCC^f. <c CC^cC 

V . vT C.<;C C5. CC'cO 

<Z c c c^;- • <s. ■cc^<^ 

C CCC CC CLcc-^^^^- 

^.c c <cc^^ ^crj<C CC ^^ .c C( tc-c 

-■circ: c c:ccs^ ^CL c: < c <scc- • c c^ cc 

^<::c c ^ic^i^z.'^ <cc^ c <rcc c c cc- 

?UCCCC€^CC C' -^c.^ 
r<.c ^C Cj^ c «ccc' ■ ' <" ^x 

:c ccc< c<:^cc < -<5= 

' C C CCc c .<IjS.CC (<, C^ 

'Cc r CC - .<:?? c< ^^ ^ 

xccccrc c cc ^'<:cccc c v-g 
zee < CC c <ri:,cc € ^ ;^ 

--c c c^ <^^^ c '■ ■ <3r^ 

^ ^c c.c<'('<ci<sc c : '<::<i. 



CC <r: ccv d CC ccc 

rC.dE: CCCC^CC 
x^C CS" ^^ C« .c d cr . 
^ ' CC -^ ccc<^cc ■ 

^'' orcta. 

js.c_<c^ ccc<::cc 

' cr cc<:^c<' 

^. ^ ^ ^^^ .^ T <r c cCdTi- ^fc^-v 

.^^C C^^ CpG^CTC C CCCXI- - 

^^ <^^^5^<s^c<aiErdic c ccccj ■ 
^x ccccc^c^Kdc c cc^ 

Zc cc'Cdt: 
:2 ^^c< cccc 

C?. c c, ■ c cci^ 
_ d, c c cccg^n 

C<SK5c <ZI" c c<^c<gcc _ 

-^[S:<^ ' ccc^^c^rcc' 

"- '-- — <^ cg_ <'< e 'C<Cc€CICCc 
:^ <r ^ c c *<c ^E«cz c^« 

c^ac?sc<^^ cccc^CjCcc 

sQCrcrC CC cC<OCii3C^ 

csuc^c ccccrocccrccc^ 
3^^ ^::c - cccr^'^^ ' ^ 

OC *§C c: ' Cc (C->^-^^^--^ -^ — ^v, ^v^ VJL <: c 

5^ <^cr c CC ' 






£<^dc^^CC d '€Src 

:rc, cc^^ < c ^icc^;<:_cc c:^ 

(^' CCC<1_ c C5^ .^^CC<^<IXC^ <C^ " 

^cc cc^^**! • ^ cev^icc<rc<-^c:cc_ ,<x:c 
c< c cccc ccc ^.^. cc<i«3:c cc<c <2 

c <ef <, c^3CC^ C CC .^^ COKSC C^KC <^ 
rcc c c^CC CCC^^CQ^c^grcr m 

<-CC CCCCC ccc dd <3C«CLc ^iOcc ^ 
r.« c' c<r:cc' c CC d<r_ <c<<:^d- ^d''-<c: oc 



> Cj-^COdC 
C.c<2. 

^<C ^C ^^ ^^ <- C ■' <X33Cd ^C 
7><<:: «ac -cccc < csysiscc f< 

(CC <tr"ccc c><33crc <r 



I>^MH111K 



m^iMM0im^MMm ^'^"^"^ ^^ congress 



012 028 398 4 



